Heasay Exceptions (Definitions)

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(1) Present Sense Impression

A statement describing an event or condition made while or immediately after the declarant perceived it.

(2) Excited Utterance

A statement made while the declarant was under the stress of excitement from a startling event.

(3) Then-Existing Mental, Emotional, or Physical Condition

A statement of the declarant’s then-existing state of mind, emotional, or physical condition. Statements of memory or belief to prove the fact remembered don’t count.

(4) Statement Made for Medical Diagnosis or Treatment

A statement is made for a medical diagnosis and describes medical history, past or present symptoms or sensations, their inception, or their general cause.

(5) Recorded Recollection

A record that is on a matter the witness knew then but not now, was made or adopted by the witness when the matter was fresh in the witness’s memory, and accurately reflects the witness’s knowledge.

(6) Records of a Regularly Conducted Business Activity

A record of an act, event, condition, opinion, or diagnosis if 1) the record was made at or near the time by someone with knowledge, 2) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, 3) making the record was a regular practice of that activity, 4) all conditions are shown by the testimony of the custodian or other qualified witness, 5) neither the source of information nor the method or circumstances of preparation indicate a lack of trustworthiness.

(7) Absence of a Record of Regularly Conducted Activity

Evidence that something’s not included in a record described in (6) if the evidence is admitted to prove that the matter did not occur or exist, a record was regularly kept for a matter of that kind, and neither the possible source of the information nor other circumstances indicate a lack of trustworthiness.

(8) Public Records

A record or statement of public office if it sets out the office’s activities, a matter observed while under legal duty to report, factual findings from a legally authorized investigation and neither the source of info nor other circumstances indicate a lack of trustworthiness.

(9) Public Records of Vital Statistics

A record of birth, death, or marriage.

(10) Absence of a Public Record

Testimony that a diligent search failed to disclose a public record if it’s admitted to prove that the record doesn’t exist or a matter did not occur.

(11) Records of Religious Organizations Concerning Personal or Family History

A statement or birth, legitimacy, ancestry, marriage, divorce, death, relationship by blood or marriage, or similar facts of personal or family history contained in a regularly kept record of a religious organization.

(12) Certificates of Marriage, Baptism, and Similar Ceremonies

A statement of fact contained in a certificate made by a person authorized to perform the act certified, attesting that the people performed a marriage or similar ceremony, and purporting to have been issued at the time of the act or within a reasonable time after it.

(13) Family Records

A statement about personal or family history contained in a family record such as a geneology.

(14) Records of Documents That Affect an Interest in Property

The record of a document that purports to establish or affect interest in property.

(15) Statements in Documents That Affect Interest in Property

A statement contained in a document that purports to establish or affect an interest in property if the matter stated is relevant to the document’s purpose.

(16) Statements in Ancient Documents

A statement in a document that is at least 20 years old and is established as authentic.

(17) Market Reports and Similar Commercial Publications

Market quotations, lists, directories, or other compilations generally relied on by the public or by persons in particular occupations.

(18) Statements in Learned Treatises, Periodicals, or Pamphlets

A statement contained in a treatise, periodical or pamphlet qualifies if the treatise is testified to be reliable.

(19) Reputation Concerning Personal or Family History

Huh?

(20) Reputation Concerning Boundaries or General History

Need definition for reputation.

(21) Reputation Concerning Character

A reputation among a person’s associates or community concerning character.

(22) Judgement of a Previous Conviction

Evidence of a final judgement of conviction if the judgement was entered after a trial/guilty plea, is punishable by 1+ years prison, the evidence is admitted to prove a fact essential to the judgement.

(23) Judgements Involving Personal, Family or General History, or a Boundary